Section 336.335 - Reporting Requirements for Incidents(a) Immediate notification. Each licensee shall notify the executive director as soon as possible, but not later than four hours after the discovery of an event that prevents immediate protective actions necessary to avoid exposures to radiation or radioactive materials that could exceed regulatory limits or releases of radioactive materials that could exceed limits (e.g., events may include fires, explosions, toxic gas releases, etc.). Notwithstanding any other requirements for notification, each licensee shall immediately report to the executive director each event involving licensed radioactive material possessed by the licensee that may have caused or threatens to cause any of the following conditions: (1) an individual to receive: (A) a total effective dose equivalent of 25 rems (0.25 sievert) or more;(B) a lens dose equivalent of 75 rems (0.75 sievert) or more; or(C) a shallow-dose equivalent to the skin or extremities or a total organ dose equivalent of 250 rads (2.5 grays) or more; or(2) the release of radioactive material inside or outside of a restricted area so that, had an individual been present for 24 hours, the individual could have received an intake five times the annual limit on intake (ALI). This provision does not apply to locations where personnel are not normally stationed during routine operations, such as hot-cells or process enclosures.(b) Twenty-four hour notification. Each licensee shall, within 24 hours of discovery of the event, report to the executive director any event involving loss of control of licensed material possessed by the licensee that may have caused, or threatens to cause, any of the following conditions:(1) an individual to receive, in a period of 24 hours:(A) total effective dose equivalent exceeding five rems (0.05 sievert);(B) a lens dose equivalent exceeding 15 rems (0.15 sievert); or(C) a shallow-dose equivalent to the skin or extremities or a total organ dose equivalent exceeding 50 rems (0.5 sievert); or(2) the release of radioactive material inside or outside of a restricted area so that, had an individual been present for 24 hours, the individual could have received an intake in excess of one ALI. This provision does not apply to locations where personnel are not normally stationed during routine operations, such as hot-cells or process enclosures; or(3) an unplanned contamination event that:(A) requires access to the contaminated area, by workers or the public, to be restricted for more than 24 hours by imposing additional radiological controls or by prohibiting entry into the area;(B) involves a quantity of material greater than five times the lowest annual limit on intake specified in § 336.359 of this title (relating to Appendix B. Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC) of Radionuclides for Occupational Exposure; Effluent Concentrations; Concentrations for Release to Sanitary Sewerage); and(C) has access to the area restricted for a reason other than to allow isotopes with a half-life of less than 24 hours to decay prior to decontamination; or(4) an event in which equipment is disabled or fails to function as designed when:(A) the equipment is required by rule or license condition to prevent releases exceeding regulatory limits, to prevent exposures to radiation and radioactive materials exceeding regulatory limits, or to mitigate the consequences of an accident;(B) the equipment is required to be available and operable when it is disabled or fails to function; and(C) no redundant equipment is available and operable to perform the required safety function; or(5) an event that requires unplanned medical treatment at a medical facility of an individual with spreadable radioactive contamination on the individual's clothing or body; or(6) an unplanned fire or explosion damaging any radioactive material or any device, container, or equipment containing radioactive material when: (A) the quantity of material involved is greater than five times the lowest annual limit on intake specified in § 336.359 of this title; and(B) the damage affects the integrity of the radioactive material or its container.(c) Preparation and submission of reports. Reports made by licensees in response to the requirements of this section must be made as follows. (1) Telephone report. Licensees shall make reports required by subsections (a) and (b) of this section by telephone, accompanied by a facsimile, to the executive director. To the extent that the information is available at the time of notification, the information provided in these reports must include: (A) the caller's name and telephone number;(B) a description of the event, including date and time;(C) the exact location of the event;(D) the isotopes, quantities, and chemical and physical form of the radioactive material involved; and(E) any personnel radiation exposure data available.(2) Written report. Each licensee who makes a report required by subsections (a) and (b) of this section shall submit a written follow-up report to the executive director within 30 days of the initial report. Written reports prepared under other regulations may be submitted to fulfill this requirement if the reports contain all of the necessary information. These written reports must be sent to the executive director. The reports must include: (A) a description of the event, including the probable cause and the manufacturer and model number (if applicable) of any equipment that failed or malfunctioned;(B) the exact location of the event;(C) the isotopes, quantities, and chemical and physical form of the radioactive material involved;(D) date and time of the event;(E) corrective actions taken or planned and the results of any evaluations or assessments; and(F) the extent of exposure of individuals to radiation or to radioactive materials. The licensee shall prepare the report so that names of individuals are stated in a separate and detachable part of the report.(d) Confirmation of notification. Licensees shall make the reports required by subsections (a) and (b) of this section by telephone and shall confirm the telephone report within 24 hours by telegram, mailgram, or facsimile.(e) Exception to notification. The provisions of this section do not apply to doses that result from planned special exposures, provided those doses are within the limits for planned special exposures and are reported under § 336.353 of this title (relating to Reports of Planned Special Exposures).30 Tex. Admin. Code § 336.335
The provisions of this §336.335 adopted to be effective September 14, 2000, 25 TexReg 8989; amended to be effective August 30, 2001, 26 TexReg 6309